- The hidden flip side of the Lankan whale-watching industry
As an island nation, Sri Lanka’s oceans are one of its most defining qualities and so too is its marine life. It has long been a premier destination for whale watching, attracting nature enthusiasts and wildlife lovers eager to catch a glimpse of the majestic whales that inhabit its waters.
Sri Lanka’s geographical position plays a critical role in its appeal as a whale-watching destination, for while it sits along the migration routes of blue whales which provides ample opportunities for sightings throughout the year, many pods of whales also call Lankan waters their home. Several locations along the country’s coastline are renowned for their high probabilities of observing these giants of the sea.
Why Lankan waters are a tourism asset
The most famous of the whales off Sri Lanka’s coast is the blue whale, known scientifically as Balaenoptera musculus. The blue whale is the largest animal ever known to have existed, reaching lengths of up to 100 feet and weighing as much as 200 tonnes. Their immense size and striking blue-grey colouration make them a breathtaking sight in their natural habitat.
Sri Lanka’s territorial waters cover 21,500 sq km and its Exclusive Economic Zone (EEZ) covers 517,000 sq km – almost eight times the country’s land area. Coral reefs, seagrass beds, mangrove forests, lagoons, beaches, salt marshes, and estuaries are just a few of the natural resources and ecosystems found in its coastal and marine environment.
The waters around Sri Lanka are also rich in nutrients due to upwelling currents that bring krill closer to the surface, making it a prime feeding ground for blue whales.
This ecological dynamic is crucial for sustaining whale populations and provides a unique spectacle for visitors eager to witness these gentle giants in their natural environment.
Some of the most popular points in Sri Lanka for whale watching include:
- The southern coastal town of Mirissa: This is often regarded as the best spot for blue whale watching, with a staggering 90% chance of sightings during the peak season from November to April. The continental shelf’s narrowness near Mirissa allows deep ocean waters to come close to shore, creating an ideal environment for these whales to feed on krill, their primary food source.
- Kalpitiya and Trincomalee: These areas also offer excellent opportunities for whale watching, particularly from May to August in Trincomalee. Here, visitors can encounter not only blue whales but also other species such as sperm whales and various dolphins.
Whale watching has become a significant contributor to Sri Lankan tourism, particularly since the end of the civil war in 2009, which opened up previously inaccessible coastal areas. This burgeoning industry is primarily centred around the opportunity to observe blue whales along with various other cetacean species.
The whale-watching sector is one of the fastest-growing segments of tourism in Sri Lanka, attracting both local and international visitors. Locations like Mirissa, Trincomalee, and Kalpitiya have embraced their reputations as hotspots for whale watching, drawing tourists eager to experience the thrill of seeing these majestic creatures in their natural habitat.
Studies, including one by Buultjens et al., indicate that whale watching significantly influences tourist satisfaction and decision-making when visiting areas like Mirissa and Galle. Tourists report high levels of satisfaction with their experiences, which in turn boosts local economies through increased spending on tours, accommodations, and related services.
This growth of the whale-watching industry has parallelly also led to job creation in various sectors, including tour operations, hospitality, and marine conservation efforts. Local communities benefit economically from the influx of tourists who participate in whale-watching tours.
The flip side to the growing whale-watching industry
Despite its popularity and charisma, or perhaps in some cases because of it, the blue whale population in Sri Lanka faces significant threats, primarily from human activities, leading to concerns about its decline. They are classified as endangered by the International Union for Conservation of Nature (IUCN) and are at risk due to several factors, including:
- Ship strikes: Shipping lanes with heavy traffic often intersect directly with their habitat, resulting in numerous fatalities. Estimates suggest that many more whales are killed than are reported, as many deaths go unnoticed when whales sink after being struck.
- Human activity: The overall impact of human activities, including fishing, pollution, and irresponsible tourism, compromises the habitats crucial for blue whale survival. These activities not only lead to direct threats to whale safety and fatalities but can also disrupt feeding and breeding behaviours.
- Environmental changes: Factors such as plastic pollution and increased ocean noise further threaten these marine giants, complicating their ability to thrive in their native waters.
While the whale-watching industry has grown, a troubling trend has emerged in tandem with whale-watching; reports are coming in with increasing frequency of tourists (both domestic and foreign) not just watching whales but actively swimming with them – getting into the water and diving in close proximity.
In many cases, these dives are facilitated by local tour operators, despite the practice of getting into the open water being illegal in Sri Lanka (a similar principle to how visitors in national parks are not allowed to disembark from their jeeps).
Operators are also now increasingly continuing to offer ‘swimming with whales’ experiences, sometimes misleading both locals and foreigners into believing it is a legitimate and sustainable activity. A lack of enforcement, combined with a growing demand fuelled by social media and tourism platforms, has led to a dangerous situation for both whales and people seeking these experiences.
Youth-led marine conservation organisation The Pearl Protectors recently published a report titled ‘Conserving gentle giants: Case study on the scope of illegal whale-swimming activities in Sri Lanka and its impact on sustainable tourism,’ which deals with the issue of swimming with whales.
The report was authored by researcher Emily Berlage, an MSc candidate in Conservation and Management of Fish and Wildlife at the Swedish University of Agricultural Sciences, along with co-authors Sara Olyslaegers, Samudra de Silva, and Maleesha Gunawardana as well as contributors Sabrina Eliatamby, Muditha Katuwawala, and Amila Sumanapala.
The Sunday Morning spoke with Berlage about the findings of this report and the issues surrounding unregulated whale tourism in Sri Lanka, examining its legal status, the consequences for marine life, the risks posed to humans, and the broader implications for Sri Lanka’s tourism industry.
On the most damaging negative impact that illegal swimming with whales can have on local whale populations, Berlage said: “Sri Lanka’s blue whales are unique because they are residents, meaning they do not migrate. In countries like Tonga, where swimming with whales is legal, whales are only present for a few months during migration; they are passing through.
“Whales in Sri Lankan waters, however, are often here all year round. This is their natural habitat, their home. If you allow swimming with whales in Sri Lanka, where they live year-round, constant human presence will stress them and push them away to move towards other waters.”
The legality of swimming with whales
Sri Lanka has strict regulations governing whale-watching under the Sea Mammals (Observation, Regulation, and Control) Regulations No.1 of 2012, which were further amended in 2019. These laws, enforced under the Fauna and Flora Protection Ordinance, explicitly prohibit illegal swimming with whales.
Key legal stipulations include:
- A mandatory minimum distance of 100 metres between vessels and whales.
- A prohibition on passengers entering the water to swim with whales without explicit permission from the Director General of the Department of Wildlife Conservation (DWC). This is clearly outlined in the regulations: “Persons engaged in observing sea mammals should not be allowed to get into the sea or do anything which is harmful to the sea mammals, other than for diving after obtaining the prior approval of the Director General.”
- Operators found violating these regulations face licence revocation, monetary fines, and potential imprisonment.
These conditions prohibit persons engaged in observing sea mammals from getting into the sea, deeming such activities illegal unless express written prior permission/approval of the Director General of the DWC is obtained. The provisions under the Fauna and Flora Protection Ordinance deal with the breaching of these regulations and include cognisable offences; hence offenders can be arrested without a warrant.
By means of interpretation (Interpretation Ordinance No.21 of 1901), illegally swimming with cetaceans (whales, dolphins, and porpoises) and chelonioids (sea turtles), can also be interpreted as harassing and/or potentially injuring/endangering such examples of marine biodiversity.
Despite these laws, enforcement remains minimal. Reports indicate that in areas such as Mirissa and Trincomalee, where whale watching is most popular, the majority of operators engage in illegal whale-swimming activities. Some even claim to have official licences, deceiving tourists and authorities alike.
This distinction makes the Sri Lankan context particularly fragile, as continuous human interference can have long-term consequences for whale populations.
“Key findings reveal widespread non-compliance, with 73% of operators in Mirissa and 83% of operators in Trincomalee engaging in illegal whale-swimming activities. Some operators encourage physical contact with whales.
“Despite regulations mandating a 100 m distance, operators frequently approached within 2-3 m, risking vessel collisions and behavioural disturbances,” Berlage stressed, adding: “Close encounters with whales endanger both wildlife and humans while compromising Sri Lanka’s reputation as a sustainable tourism destination.”
Potential harm of swimming with whales
Swimming with whales might seem like an innocent and magical experience, but it has serious repercussions for the animals themselves. Marine conservationists have documented numerous negative effects on whales when exposed to unregulated human interaction.
Some of the many negative impacts Berlage notes in her study include:
- Changes in behaviour: Whales have been observed altering their natural movement patterns, diving deeper and for longer durations to avoid human interaction. Studies show that human presence disrupts vital activities such as feeding and resting.
- Increased stress and energy expenditure: The presence of boats and swimmers forces whales to expend more energy to escape perceived threats, leading to higher stress levels. This increased energy expenditure can reduce reproductive success and overall health.
- Mother-calf separation: Baby whales, which rely on shallow waters for safety, are often separated from their mothers due to human disturbance, increasing their risk of predation and death.
- Acoustic disruption: Speed boats used for whale swimming also have the potential to disrupt whale communication, making it harder for them to navigate and interact with each other.
The Pearl Protectors Coordinator Muditha Katuwawala also spoke to The Sunday Morning on the issue, noting: “When swimmers and divers jump in, the whales immediately start swimming downward. This is because this act stresses these animals. Motorboats emit a lot of noise and when they go right up to the whales, it disrupts them. If this continues, we will see more whales vanishing from our waters.”
Katuwawala also noted that Sri Lanka’s blue whale population was already showing signs of decline, with sightings becoming less frequent. Conservationists attribute this to increased stress caused by human activity, particularly unregulated tourism.
While illegal swimming with whales has an impact on whales themselves, Berlage pointed out that it was important to consider the risks to humans as well. Tourists often assume that swimming with whales is a safe activity, encouraged by media portrayals of these gentle giants. However, this assumption is misleading.
A blue whale’s tail can weigh as much as an elephant. Even a minor flick of its fin can cause severe injury or death to a nearby swimmer. Further, while whales are not inherently aggressive, they are animals in the wild, and like any animal, will exhibit defensive behaviours when stressed or feeling threatened.
This includes sudden dives, tail slaps, and rapid directional changes, all of which can harm a human who is too close. Even outside of collisions, whales are powerful swimmers. If a human gets caught in a current or the wake of a whale’s movement, drowning becomes a real possibility.
Irresponsible tourism operations can also pose a risk to both whales and humans; overcrowding, reckless manoeuvring, and inexperienced boat operators have led to accidents, including boat collisions and capsizing.
In 2020, a documented incident in Ningaloo, Australia saw three people injured while swimming with whales over the course of a week. “Whales are not out to harm us, but they are enormous, and accidents do happen,” said Berlage.
Unregulated activity and the bigger picture
Sri Lanka is doing its best to position itself as a sustainable tourism destination on many levels, from its people and communities to environmentally friendly practices. However, Berlage and Katuwawala pointed out that the rise of unregulated whale-swimming activities threatened this image.
International media and conservation organisations have begun drawing attention to Sri Lanka’s failure to regulate its marine tourism sector, potentially leading to boycotts. Overexploitation of marine resources could lead to the long-term decline of whale populations, reducing the appeal of Sri Lanka as a whale-watching destination.
Although The Sunday Morning reached out to the Sri Lanka Tourism Development Authority for its perspective on addressing the issue, such efforts were unsuccessful.
Unregulated swimming with whales also impacts ethical whale-watching operators who are following the rules and struggling to compete with those engaging in illegal activities, leading to financial losses. Berlage also noted that illegal operators focus on profit, charging significantly more and avoiding taxes, which leads to significant revenue losses for the Government.
The regulation of such practices lies under the purview of State agencies like the Marine Environment Protection Authority (MEPA) and the Department of Wildlife Conservation.
Speaking to The Sunday Morning, MEPA General Manager Jagath Gunasekara explained that while patrolling for and enforcing action against wrongdoings did not fall under the purview of MEPA, since the responsibility fell under the DWC, which worked with the Sri Lanka Coast Guard on the same, MEPA was investigating methods to mitigate other impacts of both legal whale-watching as well as illegal swimming with whales.
“We will be getting involved in this subject, especially from the perspective of pollution and whale-watching boats,” Gunasekara said, adding: “Many of these boats carry plastic and other materials and we want to make sure they cannot dump these into the ocean. We will be taking necessary action against those who do so.
“We will also be promoting environmentally-friendly practices along the coast and introducing special certifications for boats, especially for whale-watching boats, which will ensure they follow these practices and other practices necessary for sustainable tourism.”
DWC Director Protected Area Management Manjula Amararathna shared with The Sunday Morning that the issue of illegal swimming with whales was something the DWC took very seriously.
“It is strictly prohibited and legal action will be taken against both those who work to facilitate swimming with whales as well as those who swim with whales. We are working with the Coast Guard to do some patrolling and take those found in violation into custody,” he said.
Amararathna also noted that patrolling was limited due to the scale of areas that needed patrolling as well as other duties that required tending to. However, he emphasised that patrols were still conducted regularly, adding that the DWC was aware of the issue of illegal swimming with whales and was looking into strategies that could be used to limit this wrongdoing and its impact.
He urged the public to also take a stand when they observed such wrongdoing. “My key advice is that snorkelling and swimming of any kind [except for approved scientific research purposes] is illegal. Members of the public who notice such activity are asked to inform a wildlife officer. They can visit our nearest office – we have offices in Mirissa, Trincomalee, and Kalpitiya – or reach out to us on our hotline 1992.”
Addressing the aspect of social media, especially since such whale-swimming experiences are often promoted online by operators or posted by those who have gone swimming with whales, Amararathna asked the public to email evidence of such activities to the DWC Director General at dg@dwc.gov.lk.
Fixing the issue
Berlage and Katuwawala both stressed the need for a multifaceted approach to curb illegal whale swimming and ensure sustainable marine tourism.
“One key need is for proper knowledge to be shared with people who are visiting Sri Lanka. This is a common problem that has been persisting for a long time – visitors are not aware of what is right and what is not. This was the case with riding elephants and getting out of vehicles at national parks as well. There have been various issues because visitors do not have access to knowledge,” Katuwawala said.
“There is also the matter of enforcement. Authorities need to respond and not just physically. There are many sponsored posts on social media promoting whale swimming activities, so enforcement needs to happen online as well.
“This is hard because resources and manpower are always an issue, but if the utilisation of resources can be optimised to monitor, enforce, and take action both online and offline simultaneously, we can arrive at a point where people engaging in this activity can be deterred,” he added.
Other key recommendations outlined by Berlage and The Pearl Protectors in their report include:
- Stronger law enforcement: Increased monitoring of whale-watching operators, heavier fines, and penalties.
- Increased consumer awareness: Tourists need to be informed about the legality and ecological consequences of swimming with whales. Travel platforms like Tripadvisor should also be urged to remove illegal whale-swimming tours.
- Stronger accreditation for ethical operators through initiatives like certification programmes that reward, highlight, and promote responsible whale-watching operators.
- Stronger collaboration with enforcing authorities and local operators to transition from whale-swimming to ethical whale-watching.
It is also vital to establish stronger and more visible mechanisms for reporting illegal activities. “Locals and tourists must both be made aware. This is not just about enforcement; it is about stopping the demand. If people refuse to engage in these activities, the industry will have no choice but to change,” Katuwawala said.